JUDGMENT : I.A. No. 3069 of 2018 1. The petitioner has preferred the instant interlocutory application for a direction upon the respondent-Vinoba Bhave University, respondent No. 4, to allow the petitioner College to submit the examination forms of its students intending to appear in 3rd Semester of B.Ed. Examination for the session 2016-18 exams to be held on 05.05.2018 and accept the same. 2. It is the case of the petitioner that the respondent No. 4 vide its notification contained in memo No. 667 dated 23.03.2018 has come out with the schedule for filling-up the examination forms for 3rd Semester of B.Ed. Examination for the session 2016-18 and from perusal of the same, it transpires that the University i.e. respondent No. 4 has allowed submissions of examination forms for 3rd Semester of B.Ed. Course from 03.03.2018 itself. In pursuance to the above notification, the petitioner-College approached the University for issuance of examination forms but the respondent-University refused to issue forms in favour of the petitioner-College. Earlier, vide order dated 13.02.2017 and 31.10.2017, this Court allowed I.A. No. 1113/2017 and 7122/2017 and directed the respondent-University to accept the registration and examination forms of the students of petitioner-College for 1st and 2nd semester examination. 3. It is the specific case of the petitioner that during the pendency of the present writ petition, the respondent-State i.e. respondent No. 3 vide its order dated 15.03.2017 had rejected, the recommendation of University to accord affiliation to the petitioner-College for its B.Ed. Course from academic session 2016-18 and the order of rejection is matter of challenge and is pending for its adjudication. 4. In view of peculiar situation wherein students of the petitioner-College have already taken their 1st and 2nd semester and the University is refusing to allow the students to take examination for 3rd semester examination. The present interlocutory application has been preferred as the future of the student is at stake and earlier also when the students were refused to take part in the examination, they have preferred interlocutory application and this Court has directed the respondent-University to accept the forms of the petitioner-College and allow the students of the petitioner-College to appear in the said examination during the pendency of the writ petition. 5. From perusal of the records, it appears that petitioner-College has been granted recognition vide letter dated 02.05.2016 for conducting B.Ed. 5. From perusal of the records, it appears that petitioner-College has been granted recognition vide letter dated 02.05.2016 for conducting B.Ed. course of two years duration for the academic session 2016-18 and the University belatedly vide its letter dated 09.07.2016 made recommendation to the State Govt. in favour of the petitioner-College to accord approval of affiliation granted to the petitioner-College. As the University refused to accept the forms from the petitioner-college and allow the students of the petitioner-college to appear in the examination to be held on 05.05.2018, the petitioner has knocked the door of this Court. 6. Ms. Ritu Kumar, learned counsel appearing for the petitioner-College submits that the future of the students are at a stake and if they will not be permitted to appear in the said exams, their career will be ruined as already they have taken 1st and 2nd semester exams though by order of this Court. Learned counsel further argued that the University has duly recommended the case of the College for affiliation to the State Govt. and only on the ground of late submission, the affiliation has been rejected by the State. Learned counsel further submits that in order to protect the interest of the students, who are undertaking the courses, University may be directed to accept the Registration and Examination Forms of the students of the College, subject to outcome of this writ petition. 7. Dr. A.K. Singh, learned counsel appears on behalf of the respondent-University while Mr. Atanu Banerjee, learned counsel appears for the respondent-State. Learned counsel very fairly submits that respondent No. 3 vide its letter dated 15.03.2017, had rejected the recommendation of the University to accord affiliation to the petitioner-college for B.Ed. Course for the academic session 2016-18 and the said order is pending for adjudication. However, since earlier this Court had directed the University to accept the forms and to allow the students of the petitioner-college to appear in the examination in 1st and 2nd semester, at this stage the State also cannot object to allow them to appear in 3rd semester examination subject to outcome of the writ petition. 8. The only ground for rejection by the State is delayed approach of the petitioner-college and delayed recommendation by the respondent-University which had been received by the State belatedly. 9. 8. The only ground for rejection by the State is delayed approach of the petitioner-college and delayed recommendation by the respondent-University which had been received by the State belatedly. 9. Be that as it may, having gone through the submissions of the learned counsel for the parties, this Court is of the considered view that as earlier also the students of the petitioner-college were allowed to appear in the 1st and 2nd semester examination provisionally, if the students of the petitioner-college are not allowed to appear in the 3rd semester, their future will be at a stake. The issue regarding approval of affiliation and recognition fell for consideration before the Hon’ble Apex Court in case of Vinod Bihar Mahato Memorial Teachers Training College Vs. Vinoba Bhave University & Ors. [I.A. No. 9 of 2017 in W.P.(C). No. 276/2012] and in case of Maa Vaishno Devi Mahila Mahavidyalaya Vs. State of Uttar Pradesh & Ors., reported in (2013) 2 SCC 617 . In view of celebrated judgment of Hon’ble Apex Court and in view of the fact that the issue has already been considered by this Court in several cases and students of the petitioner-college has already been allowed to appear in 1st and 2nd semester of the B.Ed. Exams, there is no occasion as to why they be deprived from appearing in the 3rd semester only on the ground of delay. 10. In view of peculiar facts and circumstances of the case and in view of fact that students cannot be allowed to suffer at the hands of the respondent-State or the University for no fault on their behalf, I hereby direct the respondent-University to accept the forms of the students of petitioner-college and to allow them to appear in the 3rd semester exams of B.Ed. Course for the session 2016-18. If the petitioner-College approaches the respondent-University, the University is directed to accept the forms of the student and issue admit card to each and every students of the petitioner-College for appearing in the 3rd semester exams to be held on 05.05.2018. 11. With the aforesaid observations and directions, I.A. No. 3069 of 2018 stands allowed. 12. Let it be made clear that the appearance in the B.Ed. Exams is provisional, subject to outcome of the writ petition. W.P.(C). No. 6869 of 2016 Put-up this case as per its age. 11. With the aforesaid observations and directions, I.A. No. 3069 of 2018 stands allowed. 12. Let it be made clear that the appearance in the B.Ed. Exams is provisional, subject to outcome of the writ petition. W.P.(C). No. 6869 of 2016 Put-up this case as per its age. Let a copy of this order be given to the learned counsel for the parties. I.A. allowed.